BROWN V. BUSH | Civil Rights Litigation Clearinghouse

Case: Brown v. Bush

1:98-cv-00673 | U.S. District Court for the Southern District of Florida

Filed Date: May 24, 1998

Closed Date: 2007

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Case Summary

On May 24, 1998, a group of individuals confined to Florida's four Developmental State Institutions for Persons with Developmental Disabilities ("DSIs") filed suit against the state of Florida and relevant state officials alleging that defendants failed to take appropriate measures to habilitate the plaintiffs, and that the plaintiffs suffered grave harm as a result. They asserted claims under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA") and its regulations; the Rehabilitation Act of 1973; 29 U .S.C. § 794; the Social Security Act, 42 U.S.C. § 1396 et seq . and its regulations; and 42 U .S.C. § 1983, alleging Due Process and Equal Protection violations. Represented by Florida's Advocacy Center for Persons with Disabilities, the plaintiffs asked the U.S District Court for the Southern District of Florida for declaratory and injunctive relief.

In May 1998, defendants filed a motion to dismiss based, among other things, on lack of standing and failure to state a claim under the ADA. Defendants also argued that plaintiffs were barred from bringing suit against the State because the State was immune from suit by private citizens under the Eleventh Amendment to the U.S. Constitution. In July 1998, the United States Department of Justice filed a motion to intervene in the case and included a memorandum in opposition to defendants' motion to dismiss. The DOJ also filed for leave to address as amicus curiae the proper construction of the ADA as it related to this case.

In its memo on the motion to dismiss, the DOJ argued that the ADA and the Rehabilitation Act were valid examples of Congress's power to abrogate, or abolish, the states' immunity from suit by private citizens. It also argued that both the ADA and the integration mandate established by the Supreme Court in L.C. v. Olmstead in 1998 provided a cause of action under which plaintiffs could challenge unnecessary institutionalization of mentally ill persons. On October 15, 1998, Judge Ferguson granted the DOJ's motion to intervene in the motion to dismiss and denied its motion to participate as amicus curiae.

On March 31, 1999, Judge Ferguson denied defendants' motion to dismiss the complaint.

Meanwhile, the plaintiffs moved for class certification. On March 10, 1999, the Court (Judge Wilkie D. Ferguson) entered an order certifying a class. Defendants appealed the order to the Eleventh Circuit and on February 3, 2000, the Eleventh Circuit issued an opinion reversing and vacating the class certification order and remanding the matter back to the Court for further action with instructions to certify the class as instructed. On February 11, 2000, the Court (Judge Ferguson) issued a Revised Order certifying a class.

After lengthy mediation and negotiations, the parties reached a Settlement Agreement on May 11, 2004, which was filed with the Court on May 21, 2004. On June 16, 2004, the parties submitted an amended Agreement, according to which defendants agreed to utilize both the Supported Living Home and Community-Based Services Waiver and the Developmental Disabilities Home and Community-Based Services Waiver to serve clients residing in the DSIs. Defendants also agreed to close one DSI no later than June 30, 2005 and another no later than July 1, 2010.

On August 11, 2005, the Court (Judge Jose E. Martinez) approved the Amended Settlement Agreement. On July 2, 2007, Judge Martinez granted the parties' Joint Motion to Dismiss Case After Substantial Compliance with Amended Settlement Agreement and closed the case.

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Summary Authors

Kunyi Zhang (1/30/2011)

Lauren Latterell Powell (11/4/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/40650738/parties/brown-v-chiles/

Judge(s)

Ferguson, Wilkie D. Jr. (Florida)

Martinez, Jose E. (Florida)

Attorneys(s) for Plaintiff

Fleischner, Robert D. (Massachusetts)

Grissom, Hubert A. (Florida)

Lippman, Juliette E (Florida)

Nimkoff, Peter (Florida)

Ortiz, Isaias (Florida)

Saideman, Ellen Marjorie (Florida)

Schwartz, Steven J. (Massachusetts)

Attorneys(s) for Defendant

Crist, Charles J. Jr. (Florida)

Judge(s)

Ferguson, Wilkie D. Jr. (Florida)

Martinez, Jose E. (Florida)

Attorneys(s) for Plaintiff

Fleischner, Robert D. (Massachusetts)

Grissom, Hubert A. (Florida)

Lippman, Juliette E (Florida)

Nimkoff, Peter (Florida)

Ortiz, Isaias (Florida)

Saideman, Ellen Marjorie (Florida)

Schwartz, Steven J. (Massachusetts)

Attorneys(s) for Defendant

Crist, Charles J. Jr. (Florida)

Daniel, Stephanie A. (Florida)

Meyers, Andrew Jeffrey (Florida)

Miller, JC (District of Columbia)

Smith, Chesterfield Jr. (Florida)

York, Thomas B. (Pennsylvania)

Other Attorney(s)

Breen, Philip L. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Harrell-James, Veronica Vanessa (Florida)

Lee, Bill Lann (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Scott, Thomas E. (Florida)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Worden, Jeanine M (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:98-cv-00673	Docket	July 2, 2007	July 2, 2007 Docket
1 1:98-cv-00673	Complaint	March 26, 1998	March 26, 1998 Complaint
1:98-cv-00673	United States' Memorandum of Law As Amicus Curiae and Intervenor In Opposition to Defendants' Motion to Dismiss Brown v. Chiles	July 17, 1998	July 17, 1998 Pleading / Motion / Brief
37 1:98-cv-00673	United States' Memorandum of Law as Amicus Curiae and Intervenor in Opposition to Defendants' Motion to Dismiss Brown v. Chiles	July 17, 1998	July 17, 1998 Pleading / Motion / Brief
123 1:98-cv-00673	Memorandum on Motion for Class Certification	March 11, 1999	March 11, 1999 Order/Opinion
293 1:98-cv-00673	Settlement Agreement	May 21, 2004	May 21, 2004 Settlement Agreement
296 1:98-cv-00673	Amended Settlement Agreement	June 17, 2004	June 17, 2004 Settlement Agreement
341 1:98-cv-00673	Order Approving Settlement Agreement	Aug. 12, 2005	Aug. 12, 2005 Settlement Agreement
360 1:98-cv-00673	Order Granting Joint Motion to Dismiss Case	July 2, 2007	July 2, 2007 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/40650738/brown-v-chiles/

Last updated Feb. 3, 2023, 3:13 a.m.

ECF Number	Description	Date	Link Date / Link
1	Class Action COMPLAINT filed; FILING FEE $150.00 RECEIPT # 513333; A-7; LRJ (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
2	NOTICE of Pendency of Other Action. by Shelyndra Brown, Ronald Adside, Henry Sims, Mervyn Morell, Lynda Faye Johnson, Kerry Mangham, Advocacy Center Re: 96-6619-CV-Ferguson (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
3	SUMMONS(ES) issued for Lawton Chiles (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
4	SUMMONS(ES) issued for Edward Feaver (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
5	SUMMONS(ES) issued for Tamara Allen (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
6	SUMMONS(ES) issued for Charles Kimber (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
7	SUMMONS(ES) issued for Michael Mayfield (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
8	SUMMONS(ES) issued for Tracy Clemmons (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
9	SUMMONS(ES) issued for Michael Murphy (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
10	SUMMONS(ES) issued for Robert Morin (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
11	SUMMONS(ES) issued for Anita Bock (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
12	SUMMONS(ES) issued for John Awad (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
13	SUMMONS(ES) issued for Ester Tibbs (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
14	SUMMONS(ES) issued for Frances Gibbons (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
15	SUMMONS(ES) issued for Doug Cook (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
16	SUMMONS(ES) issued for Richard T. Lutz (cg, Deputy Clerk) (Entered: 03/26/1998)	March 24, 1998	March 24, 1998 PACER
	Magistrate identification: Magistrate Judge Linnea R. Johnson (cg, Deputy Clerk)	March 24, 1998	March 24, 1998 PACER
17	NOTICE of attorney appearance for Tamara Allen by JC Miller, Andrew Jeffrey Meyers (Former Deputy Clerk) (Entered: 04/22/1998)	April 20, 1998	April 20, 1998 PACER
18	MOTION by Lawton Chiles, Edward Feaver, Charles Kimber, Michael Mayfield, Tracy Clemmons, Michael Murphy, Robert Morin, Anita Bock, John Awad, Ester Tibbs, Frances Gibbons, Doug Cook, Richard T. Lutz to dismiss complaint and to strike certain portions of plaintiff's complaint (Former Deputy Clerk) (Entered: 05/19/1998)	May 18, 1998	May 18, 1998 PACER
19	MOTION by Lawton Chiles, Edward Feaver, Charles Kimber, Michael Mayfield, Tracy Clemmons, Michael Murphy, Robert Morin, Anita Bock, John Awad, Ester Tibbs, Frances Gibbons, Doug Cook, Richard T. Lutz for entry of Order to Show Cause (Former Deputy Clerk) (Entered: 05/19/1998)	May 18, 1998	May 18, 1998 PACER
20	MOTION by Michael Mayfield, Tracy Clemmons, Michael Murphy, Robert Morin for protective order (Former Deputy Clerk) (Entered: 05/19/1998)	May 18, 1998	May 18, 1998 PACER
21	MOTION by Lawton Chiles, Edward Feaver, Charles Kimber, Michael Mayfield, Tracy Clemmons, Michael Murphy, Robert Morin, Anita Bock, John Awad, Ester Tibbs, Frances Gibbons, Doug Cook, Richard T. Lutz for leave to file legal memorandum in support of defendants' motion to dismiss in excess of twenty pages in length (proposed memorandum at docket clerk's desk) (Former Deputy Clerk) (Entered: 05/19/1998)	May 18, 1998	May 18, 1998 PACER
87	MEMORANDUM by Richard T. Lutz, Doug Cook, Frances Gibbons, Ester Tibbs, John Awad, Anita Bock, Robert Morin, Michael Murphy, Tracy Clemmons, Michael Mayfield, Charles Kimber, Tamara Allen, Edward Feaver, Lawton Chiles in support of [18-1] motion to dismiss complaint, [18-2] motion to strike certain portions of plaintiff's complaint (dp, Deputy Clerk) (Entered: 11/06/1998)	May 18, 1998	May 18, 1998 PACER
22	MOTION by Tamara Allen to dismiss the Plaintiff's complaint, and for more definite statement (Former Deputy Clerk) (Entered: 05/26/1998)	May 20, 1998	May 20, 1998 PACER
23	MOTION with memorandum in support by All Plaintiffs to extend time to 6/15/98 to respond to motions for protective order, to dismiss and to show cause (sk, Deputy Clerk) (Entered: 06/02/1998)	May 28, 1998	May 28, 1998 PACER
24	ORDER granting [23-1] motion to extend time to 6/15/98 to respond to motions for protective order, to dismiss and to show cause ( signed by Judge William M. Hoeveler on 6/1/98) CCAP (sk, Deputy Clerk) (Entered: 06/03/1998)	June 1, 1998	June 1, 1998 PACER
25	NOTICE of unavailabiilty by Tamara Allen (sk, Deputy Clerk) (Entered: 06/10/1998)	June 9, 1998	June 9, 1998 PACER
26	Unopposed MOTION with memorandum in support by All Plaintiffs to extend time to respond to defendants' motion for a protective order (Former Deputy Clerk) (Entered: 06/18/1998)	June 15, 1998	June 15, 1998 PACER
27	MOTION by All Defendants to transfer case to Judge Ferguson (sk, Deputy Clerk) (Entered: 06/29/1998)	June 22, 1998	June 22, 1998 PACER
28	MOTION by Tamara Allen for Andrew Meyers to appear pro hac vice (sk, Deputy Clerk) (Entered: 07/10/1998)	July 1, 1998	July 1, 1998 PACER
	Filing Fee Paid; FILING FEE $ 0 (sk, Deputy Clerk)	July 1, 1998	July 1, 1998 PACER
60	ORDER transferring case ( signed by Judge William M. Hoeveler on 7/7/98) CCAP (Former Deputy Clerk) (Entered: 08/13/1998)	July 7, 1998	July 7, 1998 PACER
	CASE reassigned to Judge Wilkie D. Ferguson Jr. (Former Deputy Clerk)	July 7, 1998	July 7, 1998 PACER
29	RESPONSE by Tamara Allen in opposition to [27-1] motion to transfer case to Judge Ferguson (sk, Deputy Clerk) (Entered: 07/16/1998)	July 9, 1998	July 9, 1998 PACER
30	MOTION by All Plaintiffs for appointment of custodian/guardian ad litem (sk, Deputy Clerk) (Entered: 07/17/1998)	July 10, 1998	July 10, 1998 PACER
31	RESPONSE by All Plaintiffs to [19-1] motion for entry of Order to Show Cause (sk, Deputy Clerk) (Entered: 07/17/1998)	July 10, 1998	July 10, 1998 PACER
32	Notice of filing Stefan AFFIDAVIT by All Plaintiffs Re: [30-1] motion for appointment of custodian/guardian ad litem (sk, Deputy Clerk) (Entered: 07/17/1998)	July 10, 1998	July 10, 1998 PACER
33	RESPONSE by All Plaintiffs to [18-1] motion to dismiss complaint, [18-2] motion to strike certain portions of plaintiff's complaint (sk, Deputy Clerk) (Entered: 07/17/1998)	July 13, 1998	July 13, 1998 PACER
34	MOTION by All Plaintiffs for leave to file response memorandum in excess of twenty pages nun pro tunc (see DE 33 response memorandum) (sk, Deputy Clerk) (Entered: 07/17/1998)	July 13, 1998	July 13, 1998 PACER
35	Notice of filing documents/RESPONSE by All Plaintiffs in support of [33-1] motion response, [18-1] motion to dismiss complaint, [18-2] motion to strike certain portions of plaintiff's complaint (sk, Deputy Clerk) (Entered: 07/17/1998)	July 13, 1998	July 13, 1998 PACER
36	RESPONSE by All Plaintiffs to [22-1] motion to dismiss the Plaintiff's complaint, [22-2] motion for more definite statement (dp, Deputy Clerk) (Entered: 07/17/1998)	July 15, 1998	July 15, 1998 PACER
40	MOTION with memorandum in support by All Plaintiffs to extend time to file class certification motion nunc pro tunc (dp, Deputy Clerk) (Entered: 07/21/1998)	July 17, 1998	July 17, 1998 PACER
41	NOTICE of filing documents in support of motion for class certification by All Plaintiffs (dp, Deputy Clerk) (Entered: 07/21/1998)	July 17, 1998	July 17, 1998 PACER
42	MOTION with memorandum in support by All Plaintiffs for class certification (dp, Deputy Clerk) (Entered: 07/21/1998)	July 17, 1998	July 17, 1998 PACER
37	MOTION with memorandum in support to intervene in the first of two motions to dismiss the complaint by United States, and for leave to participate as amicus curiae (dp, Deputy Clerk) (Entered: 07/21/1998)	July 20, 1998	July 20, 1998 PACER
38	MOTION by United States for leave to file memorandum in excess of 20 pages (dp, Deputy Clerk) (Entered: 07/21/1998)	July 20, 1998	July 20, 1998 PACER
39	RESPONSE by United States to [22-1] motion to dismiss the Plaintiff's complaint, [18-1] motion to dismiss complaint (dp, Deputy Clerk) (Entered: 07/21/1998)	July 20, 1998	July 20, 1998 PACER
43	ORDER granting [30-1] motion for appointment of Susan Sefan as custodian/guardian ad litem ( signed by Judge Wilkie D. Ferguson Jr. on 7/21/98) CCAP (sk, Deputy Clerk) (Entered: 07/29/1998)	July 21, 1998	July 21, 1998 PACER
44	ORDER granting [26-1] motion to extend time to 8/3/98 to respond to defendants' motion for a protective order ( signed by Judge Wilkie D. Ferguson Jr. on 7/20/98) CCAP (sk, Deputy Clerk) (Entered: 07/29/1998)	July 21, 1998	July 21, 1998 PACER
45	RESPONSE by All Defendants to [30-1] motion for appointment of custodian/guardian ad litem (sk, Deputy Clerk) (Entered: 07/30/1998)	July 24, 1998	July 24, 1998 PACER
46	MOTION by All Defendants for reconsideration of [43-1] order appointing guardian ad litem (sk, Deputy Clerk) (Entered: 08/06/1998)	July 31, 1998	July 31, 1998 PACER
47	REPLY by All Defendants to response to [18-1] motion to dismiss complaint (sk, Deputy Clerk) (Entered: 08/06/1998)	July 31, 1998	July 31, 1998 PACER
48	MOTION by All Defendants for leave to file /accept reply as timely filed (See reply DE 47) (sk, Deputy Clerk) (Entered: 08/06/1998)	July 31, 1998	July 31, 1998 PACER
49	MOTION with memorandum in support by All Defendants to extend time to serve responses to the US motion to intervene as of right, and for leave to file to participate as amicus curiae, and to plaintiffs' motion for class certification (wj, Deputy Clerk) (Entered: 08/06/1998)	Aug. 3, 1998	Aug. 3, 1998 PACER
50	NOTICE of filing unreported memorandum opinion which was inadvertantly omitted from deft. reply memorandum of law to pltf. response to motoin to dismiss (attached) by All Defendants (wj, Deputy Clerk) (Entered: 08/06/1998)	Aug. 3, 1998	Aug. 3, 1998 PACER
51	RESPONSE by All Plaintiffs to [20-1] motion for protective order (sk, Deputy Clerk) (Entered: 08/06/1998)	Aug. 3, 1998	Aug. 3, 1998 PACER
52	Notice of filing declarations/ AFFIDAVIT by All Plaintiffs Re: [51-1] motion response to [20-1] motion for protective order (sk, Deputy Clerk) (Entered: 08/06/1998)	Aug. 3, 1998	Aug. 3, 1998 PACER
53	ORDER granting [38-1] motion for leave to file memorandum in excess of 20 pages ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (lh, Deputy Clerk) (Entered: 08/10/1998)	Aug. 6, 1998	Aug. 6, 1998 PACER
54	ORDER granting [34-1] motion for leave to file response memorandum in excess of twenty pages nun pro tunc ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (lh, Deputy Clerk) (Entered: 08/10/1998)	Aug. 6, 1998	Aug. 6, 1998 PACER
55	ORDER granting [40-1] motion to extend time to file class certification motion nunc pro tunc ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (lh, Deputy Clerk) (Entered: 08/10/1998)	Aug. 6, 1998	Aug. 6, 1998 PACER
56	ORDER granting [48-1] motion for leave to file /accept reply as timely filed ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (lh, Deputy Clerk) (Entered: 08/10/1998)	Aug. 6, 1998	Aug. 6, 1998 PACER
57	ORDER granting [49-1] motion to extend time to serve responses to the US motion to intervene as of right granting [49-2] motion for leave to file to participate as amicus curiae, and to plaintiffs' motion for class certification ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (lh, Deputy Clerk) (Entered: 08/10/1998)	Aug. 6, 1998	Aug. 6, 1998 PACER
59	ORDER granting plaintiffs motion for an enlargement of time to file response memoranda opposing defendants' motion to dismiss, motions to a protective order and for an order to show cause ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (dp, Deputy Clerk) (Entered: 08/11/1998)	Aug. 6, 1998	Aug. 6, 1998 PACER
58	AMENDMENT by All Plaintiffs to: [51-1] motion response (lh, Deputy Clerk) (Entered: 08/10/1998)	Aug. 7, 1998	Aug. 7, 1998 PACER
61	MOTION by Robert Morin, Michael Murphy, Tracy Clemmons, Michael Mayfield to extend time to reply to amended response to motion for protective order (dp, Deputy Clerk) (Entered: 08/24/1998)	Aug. 19, 1998	Aug. 19, 1998 PACER
62	MOTION by All Defendants to file memorandum in excess of 20 pages in respnose to motion for class certification (dp, Deputy Clerk) (Entered: 08/26/1998)	Aug. 25, 1998	Aug. 25, 1998 PACER
63	RESPONSE by All Defendants to [42-1] motion for class certification (dp, Deputy Clerk) (Entered: 08/26/1998)	Aug. 25, 1998	Aug. 25, 1998 PACER
64	MOTION by All Defendants to extend time to serve response to USA's motion to intervenet and for leave to participate as amicus curiae (dp, Deputy Clerk) (Entered: 08/27/1998)	Aug. 26, 1998	Aug. 26, 1998 PACER
65	REPLY by All Defendants to amended response to [20-1] motion for protective order (dp, Deputy Clerk) (Entered: 08/31/1998)	Aug. 27, 1998	Aug. 27, 1998 PACER
66	RESPONSE by All Defendants to [37-1] motion to intervene in the first of two motions to dismiss the complaint by United States, [37-2] motion for leave to participate as amicus curiae (dp, Deputy Clerk) (Entered: 09/01/1998)	Aug. 31, 1998	Aug. 31, 1998 PACER
67	REPLY by United States to response to [37-1] motion to intervene in the first of two motions to dismiss the complaint by United States, [37-2] motion for leave to participate as amicus curiae (dp, Deputy Clerk) (Entered: 09/10/1998)	Sept. 8, 1998	Sept. 8, 1998 PACER
68	MOTION by All Defendants for clarification of powers and duties of guardian ad litem (dp, Deputy Clerk) (Entered: 09/18/1998)	Sept. 17, 1998	Sept. 17, 1998 PACER
69	NOTICE of filing original affidavit of Robert Morin by All Defendants (dp, Deputy Clerk) (Entered: 09/18/1998)	Sept. 17, 1998	Sept. 17, 1998 PACER
70	ORDER granting [61-1] motion to extend time to reply to amended response to motion for protective order ( signed by Judge Wilkie D. Ferguson Jr. on 9/22/98) CCAP (dp, Deputy Clerk) (Entered: 09/23/1998)	Sept. 22, 1998	Sept. 22, 1998 PACER
71	ORDER granting [62-1] motion to file memorandum in excess of 20 pages in respnose to motion for class certification ( signed by Judge Wilkie D. Ferguson Jr. on 9/22/98) CCAP (dp, Deputy Clerk) (Entered: 09/23/1998)	Sept. 22, 1998	Sept. 22, 1998 PACER
72	ORDER granting [64-1] motion to extend time to serve response to USA's motion to intervenet and for leave to participate as amicus curiae ( signed by Judge Wilkie D. Ferguson Jr. on 9/22/98) CCAP (dp, Deputy Clerk) (Entered: 09/23/1998)	Sept. 22, 1998	Sept. 22, 1998 PACER
73	REPLY by All Plaintiffs to response to [42-1] motion for class certification (dp, Deputy Clerk) (Entered: 09/29/1998)	Sept. 28, 1998	Sept. 28, 1998 PACER
74	RESPONSE by Susan Stefian, guardian ad litem for Lynda Faye Johnson to [68-1] motion for clarification of powers and duties of guardian ad litem (dp, Deputy Clerk) (Entered: 09/29/1998)	Sept. 28, 1998	Sept. 28, 1998 PACER
75	AFFIDAVIT by Susan Stefan Re: position with regards to Linda Faye Johnson (dp, Deputy Clerk) (Entered: 09/29/1998)	Sept. 28, 1998	Sept. 28, 1998 PACER
76	RESPONSE by All Plaintiffs to [68-1] motion for clarification of powers and duties of guardian ad litem (dp, Deputy Clerk) (Entered: 10/06/1998)	Oct. 2, 1998	Oct. 2, 1998 PACER
77	MOTION by All Plaintiffs for oral argument on motion for clarification and for expedited decision (dp, Deputy Clerk) (Entered: 10/06/1998)	Oct. 2, 1998	Oct. 2, 1998 PACER
78	MOTION by All Plaintiffs for leave to file surreply in response to reply to plaintiffs amended response to motion for protective order (dp, Deputy Clerk) (Entered: 10/08/1998)	Oct. 7, 1998	Oct. 7, 1998 PACER
79	REPLY by All Plaintiffs to response to [20-1] motion for protective order (dp, Deputy Clerk) (Entered: 10/08/1998)	Oct. 7, 1998	Oct. 7, 1998 PACER
80	NOTICE of filing documents in support of surreply by All Plaintiffs (dp, Deputy Clerk) (Entered: 10/08/1998)	Oct. 7, 1998	Oct. 7, 1998 PACER
81	ORDER denying [46-1] motion for reconsideration of [43-1] order appointing guardian ad litem, granting [37-1] motion to intervene in the first of two motions to dismiss the complaint by United States, denying [37-2] motion for leave to participate as amicus curiae, denying [20-1] motion for protective order ( signed by Judge Wilkie D. Ferguson Jr. on 10/15/98) CCAP (dp, Deputy Clerk) (Entered: 10/19/1998)	Oct. 15, 1998	Oct. 15, 1998 PACER
82	ORDER granting [77-1] motion for oral argument on motion for clarification and for expedited decision Motion hearing before Judge Wilkie D. Ferguson Jr. set for 9:30 11/4/98 for [68-1] motion for clarification of powers and duties of guardian ad litem ( signed by Judge Wilkie D. Ferguson Jr. on 10/21/98) CCAP (dp, Deputy Clerk) (Entered: 10/23/1998)	Oct. 20, 1998	Oct. 20, 1998 PACER
83	ORDER consolidating cases 98-673-Civ-Ferguson, 98-1066-Civ-Ferguson and 98-6496-Civ-Ferguson for discovery purposes (signed by Judge Wilkie D. Ferguson Jr. on 10/26/98) CCAP (cp, Deputy Clerk) (Entered: 11/02/1998)	Oct. 27, 1998	Oct. 27, 1998 PACER
84	NOTICE OF STATUS CONFERENCE set for 4:15 12/28/98; Status report due by 12/16/98 before Judge Wilkie D. Ferguson Jr. (Signed by Judge Wilkie D. Ferguson Jr. on 10/28/98) CCAP (cp, Deputy Clerk) Modified on 11/02/1998 (Entered: 11/02/1998)	Oct. 28, 1998	Oct. 28, 1998 PACER
85	PRETRIAL ORDER filed (signed by Judge Wilkie D. Ferguson Jr. on 10/28/98) CCAP (cp, Deputy Clerk) (Entered: 11/02/1998)	Oct. 28, 1998	Oct. 28, 1998 PACER
86	REPLY by All Plaintiffs to response to [42-1] motion for class certification (cp, Deputy Clerk) (Entered: 11/02/1998)	Oct. 28, 1998	Oct. 28, 1998 PACER
	Motion hearing re: [68-1] motion for clarification of powers and duties of guardian ad litem Motion hearing held (dp, Deputy Clerk)	Nov. 4, 1998	Nov. 4, 1998 PACER
88	NOTICE of unavailability from 12/21-27/98 & 12/29-1/5/99 by Tamara Allen (dp, Deputy Clerk) (Entered: 11/13/1998)	Nov. 12, 1998	Nov. 12, 1998 PACER
89	Minutes of hearing on motion for clarification held before Judge Wilkie D. Ferguson Jr. on 11/4/98; Court Reporter Name or Tape #: Paul Haferling (dp, Deputy Clerk) (Entered: 11/20/1998)	Nov. 18, 1998	Nov. 18, 1998 PACER
90	SUPPLEMEMNTAL MEMORANDUM of law by All Plaintiffs (dp, Deputy Clerk) (Entered: 11/20/1998)	Nov. 19, 1998	Nov. 19, 1998 PACER
91	ORDER granting [68-1] motion for clarification of powers and duties of guardian ad litem ( signed by Judge Wilkie D. Ferguson Jr. on 11/19/98) CCAP (dp, Deputy Clerk) (Entered: 11/23/1998)	Nov. 19, 1998	Nov. 19, 1998 PACER
94	ORDER set status conference for 3:00 12/18/98 before Judge Wilkie D. Ferguson Jr. ( signed by Judge Wilkie D. Ferguson Jr. on 11/19/98) CCAP (dp, Deputy Clerk) (Entered: 11/24/1998)	Nov. 19, 1998	Nov. 19, 1998 PACER
95	ORDER consolidating cases for purposes of discovery only ( signed by Judge Wilkie D. Ferguson Jr. on 11/19/98) CCAP (dp, Deputy Clerk) (Entered: 11/24/1998)	Nov. 19, 1998	Nov. 19, 1998 PACER
92	NOTICE of filing exhibits in support of motion for preliminary injunction by Wolf Steinman-Ptrado etal (dp, Deputy Clerk) (Entered: 11/24/1998)	Nov. 23, 1998	Nov. 23, 1998 PACER
93	SUPPLEMENTAL MEMORANDUM in support of motion for preliminary injunction and in opposition to motion to dismiss by Shelyndra Brown etal (dp, Deputy Clerk) (Entered: 11/24/1998)	Nov. 23, 1998	Nov. 23, 1998 PACER
96	AMENDED ORDER reset status conference for 3:00 1/22/99 before Judge Wilkie D. Ferguson Jr. ( signed by Judge Wilkie D. Ferguson Jr. on 12/4/98) CCAP (dp, Deputy Clerk) (Entered: 12/14/1998)	Dec. 4, 1998	Dec. 4, 1998 PACER